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(영문) 인천지방법원 2016.09.13 2015나61040
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B Oral vehicle (hereinafter “Defendant vehicle”).

B. Around 05:20 on September 15, 2015, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and walked the front part of the Defendant’s vehicle, driving the front part of the Plaintiff’s vehicle in violation of the direction of the vehicle driving in the direction of the direction of the department store, where the stop line and the crosswalk were stopped between the stop line and the crosswalk in the straight line in the direction of the elb village apartment distance in the direction of the 4-lane in the direction of the direction department, while they stopped between the stop line and the crosswalk in accordance with the straight line, while driving again pursuant to the straight line.

(hereinafter referred to as “instant accident”). C.

On September 25, 2015, the Plaintiff paid insurance proceeds of KRW 1,187,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of Recognition] A without dispute, entry or video of Gap evidence No. 1 through 5, Eul evidence No. 1 (including each number), the purport of the whole pleadings

2. Determination

(a) The driver of a vehicle driving along an intersection where traffic is controlled by signal, etc. is insufficient to ensure that other vehicles are also believed to observe traffic regulations and take appropriate measures to avoid collision, barring special circumstances, and there is no duty of care to take special measures to prevent the occurrence of accidents in advance as it is anticipated that other vehicles violate the signal and are driving along the course to block collision, or are expected to drive their own vehicles, and even if they are drivers of vehicles driving in compliance with the signal, there is another vehicle already entering the intersection;

(b).

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